The yard signs have claimed every corner and the campaign ads have claimed your algorithm. Election Day is almost here! With the midterms set for Tuesday, November 3, 2026, employers must answer a ballot question of their own: What happens when an employee’s work schedule and voting plans collide? The answer isn’t a straight-ticket choice. It depends on where the employee works, when the polls are open and, in some states, when the employee requests leave.
This week, we review voting-leave laws across Bradley’s footprint to help ensure your leave policies don’t become a campaign issue of their own. Because this overview focuses on private employers, public-sector employers should review applicable public employment laws and personnel policies.
One Nation, Under Different Voting-Leave Laws
When it comes to voting leave, telling employees they must vote “on their own time” is not a winning compliance strategy. Some jurisdictions mandate paid leave, others provide time off without mandating pay, and several carve out exceptions based on employees’ work schedules. Here’s the lineup:
Alabama: One Hour, With a Scheduling Catch
Alabama requires employers to give employees up to one hour of leave to vote on Election Day, provided employees give reasonable notice. However, the requirement does not apply if an employee’s workday begins at least two hours after the polls open or ends at least one hour before they close. Employers may specify the hour of the absence, and Alabama does not require voting leave to be paid. (Ala. Code § 17-1-5).
Employer Takeaway: Alabama’s rule does not require a universal one-hour break for every employee. Check both ends of an employee’s Election Day shift before deciding whether leave is required.
Georgia: Two Hours, Including Early Voting
Georgia requires employers to give employees up to two hours of leave to vote in person, either during early voting or on Election Day, provided employees give reasonable notice. Employers may specify the hours of the absence, and Georgia does not require voting leave to be paid. (O.C.G.A. § 21-2-404).
Employer Takeaway: Georgia amended its voting-leave law effective July 1, 2023, to cover early in-person voting and remove an exception for employees who had sufficient time to vote before or after work. Make sure your policies and employee handbook are up to date.
Tennessee: Up to Three Paid Hours, Depending on Poll Hours
Tennessee requires employers to give employees the reasonable time necessary to vote, up to three hours, on Election Day without a penalty or reduction in pay. However, the requirement does not apply if an employee’s shift begins at least three hours after the polls open or ends at least three hours before the polls close in the employee’s county of residence. Employers may designate the hours of the absence. (Tenn. Code Ann. § 2-1-106(a)-(d)).
There’s also a deadline: Employees must request voting leave before noon on the day before the election. For this year’s midterms, that means before noon Monday, November 2.
Employer Takeaway: Remind employees now, not Monday afternoon. HR should review voting-leave requests promptly and compare each request with the employee’s actual shift and the polling hours in the employee’s county of residence.
Texas: Denying Voting Time Could Be a Crime
Texas makes it a Class C misdemeanor for an employer to (1) knowingly refuse an employee time off to vote early or on Election Day or (2) reduce an employee’s wages or benefits as a penalty for taking time off to vote. However, an exception applies when the polls are open for two consecutive hours outside the employee’s working hours. (Tex. Elec. Code § 276.004).
Employer Takeaway: Texas does not set an hourly maximum for voting absences. If the statutory exception does not apply, plan to provide adequate time for employees to vote without a wage or benefit penalty.
Washington, D.C.: At Least Two Paid Hours, Plus Notice Requirements
Upon request, D.C. employers must provide at least two hours of paid leave for employees to vote in person, provided the employees are scheduled to work during the requested time. D.C.’s statute also protects employees who are eligible to vote outside the District. Employers may require reasonable advance notice and may schedule the leave during early voting or at the beginning or end of an employee’s workday. However, employers may not deduct salary, wages, or accrued leave; interfere with protected leave; or retaliate against employees for taking voting leave. (D.C. Code § 1-1001.07a(b)).
Employers must post notice of employees’ right to voting leave at least 60 days before scheduled elections and maintain the notice in a conspicuous, accessible location. For remote employees, or when no suitable posting location exists, employers must provide notice by another reasonable means and obtain a signed acknowledgment of receipt. (D.C. Mun. Regs. tit. 3, §§ 726–727).
Employer Takeaway: The posting deadline for this year’s election has already passed. If you didn’t post notice, address the omission promptly and consult legal counsel about corrective steps. Route last-minute leave requests to HR for expedited review rather than issuing an immediate denial.
Florida, Mississippi, and North Carolina: No Private-Sector Voting-Leave Requirement
Florida, Mississippi, and North Carolina do not require private employers to provide voting leave. But that does not make an election-related request an automatic “no.” Review your employee handbook, employment agreements, collective bargaining obligations, and any applicable special rules before deciding whether to grant leave.
Don’t confuse the absence of a voting-leave requirement with permission to discuss or influence employees’ votes. Florida expressly prohibits terminating or threatening to terminate employees based on how they vote for a candidate or ballot measure. Similarly, Mississippi prohibits procuring votes through threats or injury, while North Carolina prohibits employment-related threats and other intimidation tied to an employee’s vote or decision not to vote. (Fla. Stat. § 104.081; Miss. Code Ann. § 97-13-37; N.C. Gen. Stat. § 163-274(a)(7)).
A Platform for Prepared Employers
- Map Employees, Not Just Offices
- Use your workforce roster, including remote workers, to identify which voting-leave laws may apply. For example, D.C.’s law expressly accommodates eligible employees who vote outside the District. If employees may work in one jurisdiction and vote in another, consult HR or legal counsel before determining which rules apply.
- Get Your Policies in Poll Position
- Make sure your employee handbooks, employment agreements, and leave policies comply with applicable voting-leave laws. Ensure managers and HR teams understand time-off requirements, exceptions based on polling hours and when deductions from pay for voting time are permitted or prohibited.
- Keep Politics Out of the Approval Process
- Apply neutral criteria when evaluating leave requests. Do not condition time off on supporting a candidate, attending a political event, or explaining how an employee intends to vote. Alabama law specifically prohibits employers from using threats or coercion to influence an employee’s vote and from demanding to inspect an employee’s ballot. A manager’s enthusiasm for a candidate should never become an employee’s perceived condition of employment. (Ala. Code § 17-17-44).
- Don’t Confuse Casting a Ballot With Working the Polls
- An employee who wants to serve as an election official presents a different question. For example, Alabama requires employers with more than 25 employees to provide Election Day leave to qualifying precinct officials who provide documentation at least seven days before the election. North Carolina protects precinct officials from demotion or termination for serving on Election Day or canvass day, provided they give at least 30 days’ written notice. Route poll-worker requests separately from voting-leave requests. (Ala. Code § 17-8-13; N.C. Gen. Stat. § 163-41.2).
The Final Count
You do not need to predict the election results to prepare for employment requests. Review your policies, remind employees of applicable notice requirements, and make sure managers and HR teams are reading from the same ballot. Clear rules and thoughtful scheduling can support employees’ civic participation without leaving your business short-handed.
Please contact our Labor & Employment team with questions about voting leave, election-official service, or updates to your multistate policies. When it comes to voting leave, a little preparation now beats a workplace recount later.